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| July 2, 2003
As you are aware, the PBA, at my direction, authorized the filing of a civil lawsuit against Anthony LaBorde a/k/a Abdul Majid, on behalf of Vivian Scarangella, the wife of slain Police Officer Scarangella, and Police Officer Richard Rainey. LaBorde murdered Police Officer Scarangella and seriously wounded his partner, Police Officer Rainey over 21 years ago. Using the recently amended New York State “Son of Sam” law, the PBA sued to first freeze, then recover, assets received by Laborde during his incarceration. As reported to you previously, Albany County Supreme Court Justice Bernard Malone ruled that the “Son of Sam” law was applicable to LaBorde and froze the $15,000 that had been deposited in LaBorde’s inmate account. This permanent injunction prevented him from spending or distributing those funds while the lawsuit seeking monetary compensation on behalf of the Scarangella family and Officer Rainey is pending. In lieu of answering, Laborde moved to dismiss the lawsuit claiming that the amendment to the “Son of Sam” law was unconstitutional because it was not in effect at the time of his conviction. The PBA’s civil managing attorney, with the subsequent intervention of the New York State Attorney General’s Office, successfully argued that because the “Son of Sam” law creates a civil, not criminal, remedy it is irrelevant whether or not the law was “on the books” at the time of Laborde’s criminal conviction. Accordingly, Dutchess County Supreme Court Justice James V. Brands denied the motion to dismiss and directed that Laborde answer the lawsuit within twenty days. While no amount of money will ever replace a husband and father or heal the injuries inflicted by a convicted criminal, this lawsuit sends a clear message that if you kill or injure a police officer no matter how many years ago, the PBA will never forget. Whenever, wherever, we will be there to ensure that the criminals are never allowed to acquire any assets/funds as long as they are alive.
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